Weinheimer v. Hutzler

We find no substantial error in the judgments appealed from except in respect to the-provisions adjudging recovery for any deficiency remaining after sale. The evidence was sufficient to warrant an inference that the materials were furnished and the labor performed with the “ consent ” of the owner within the meaning of section 3 of the Lien Law. (Pope v. Heckscher, 109 App. Div. 495; affd., 190 N. Y. 508; National Wall Paper Co. v. Sire, 163 id. 131.) But personal liability is another matter. Evidence which warrants an inference of consent sufficient to give a lien is not necessarily…